HARBANS SINGH Vs. RAJINDER KUAR

JUDGEMENT

(1.) This is an application in revision to gat revised an order of the District Judge of Aligarh dated the 25 of July, 1921, rather difficult to define and say under what Act or section it was passed.

(2.) It is necessary to state briefly certain facts leading up do this application before disposing of it finally.

(3.) Kunwar Mahendrajit's grand-father, Rao Umrao Singh, died in the year 1898, leaving a considerable estate behind him and considerable debts. It is admitted that some years afterwards, his three sons representing the three branches became separate in estate. In order to arrange for the payment of the debts that were outstanding, the three brothers, on the 1 of August, 1912, executed a dead of trust under which three trustees were appointed to take charge of the management of the entire estate and to pry out of its income the debts that; were standing against it Provisions ware made how in ease of the death of any of the trustees his successor should be appointed. We may mention that in 1912 Mahendrajit Singh was a minor of tender years and ha could not himself have bean a party to the deed and there can be no doubt that his father Hari Raj Singh acted as the head of the family and entered into the deed of trust along with his brothers. In 1918, Hari Raj Singh unfortunately died. After his death his widow was appointed the guardian of the person and property of the minor by an order dated the 16 of February, 1920. The learned Judga who pissed that order thought that it was desirable that the management should continue in the hands of the trustees so long as the Court of Wards did not take over the management of the minor's share in the estate. Accordingly in appointing Rani Rajindar Kuar, the widow, as the guardian of her minor son, he made reservations that the management of the property should continue to vest in the trustees pending the decision of the question whether it could not be taken over by the Court of Wards. Subsequently it seams to have been conceded by all the parties concerned that it was not possible for the Court of Wards to take over charge of the minor's share unless his interest be separated and his liability clearly defined. With a view to carry out his purpose the learned District Judga permitted the guardian to enter into a deed of partition with the other proprietors, under which the minor's share was separated and the exact amount of hi3 liability allocated. This deed was executed after the sanction of the District Judge on the 9 of August, 1921, and was duly registered. In his order the learned Judge sanctioned the continuance of the property of the minor under the management of the existing trustees with the addition of the name of Rani Rajinder Kuar as a trustee. There were numerous subsequent orders or directions under which) the trustees were directed that Rs. 500 a month should be paid to the widow as maintenance allowance to her and her minor son.